Insights and Strategies on the Effective Mediation of Employment Disputes

Breakfast & Registration
8:00-8:30 a.m.

How to Effectively Maneuver Through the Ever-Changing FLSA Landscape
8:30–9:50 a.m.

Moderated by
Carol A. Wittenberg, JAMS


Panelists:
Rachel Bien   
    Partner, Outten Golden
Gary Friedman
    Partner, Weil, Gotshal & Manges LLP
Seth Lesser
    Partner, Klafter Olsen & Lesser LLP
Cindy Schmitt Minniti
    Partner, Reed Smith

• What do the recent United States Supreme Court and Second Circuit decisions mean for FLSA cases?
• What makes the mediation of FLSA cases different from other employment cases?
• Thorny issues for mediation:
  • Off the clock
  • Misclassification
  • Fluctuating work week
• Reversionary vs. Non-Reversionary Settlements
• Individual Settlements/Offers of Judgment
• Class Definition and Scope of Releases
• What parties can do to make the mediation of FLSA cases more successful.

Break
9:50-10:00 a.m.

Mediation Advocacy Strategies in Executive Employment Disputes
10:00–11:00 a.m.

Moderated by
Mark E. Segall, Esq., JAMS


Panelists:
Jeffrey Klein
    Partner, Weil, Gotshal & Manges LLP
Wendi Lazar
    Partner, Outten Golden
Michael Weber
    Shareholder, Littler

• The complexities of restrictive covenants
  • Confidentiality
  • Publicity
  • Solicitation of clients and employees
• Cutting through platitudes — What can they take to their new job that poses a problem
• Handling financial contractual considerations — options, stock, etc.
• Tax considerations
• Does your mediator understand the industry?